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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 3729 OF 2016
1] Shishu Vikas Education Society
through its Secretary, Shri
Chandrakant Devnath Gohane,
Shishu Vikas Prathamik Vidyalaya,
Killa Road, Mahal, Nagpur.
2] The Head Master,
Shishu Vikash Uccha Prathamik
Vidyalaya, Killa Road, Mahal,
Nagpur. PETITIONERS
...VERSUS...
1] Prabhakar Gulabrao Alone,
age : Major, R/o. 177, Prabhat,
Tuljaai Nagar, Ward No.5, Narsala,
Post Mhalgi Nagar, Nagpur.
2] Education Officer (Primary),
Zilla Parishad, Nagpur.
3] The Presiding Officer,
School Tribunal, Nagpur, 2nd Floor,
Administrative Building No.1,
Civil Lines, Nagpur....... RESPONDENTS
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Shri B.H.Shambharkar, counsel for Petitioners.
Shri V.N.Patre, counsel for Respondent No. 1
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CORAM: R. K. DESHPANDE, J.
st DATE : 1 OCTOBER, 2016 .
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ORAL JUDGMENT
1] Rule made returnable forthwith.
Heard finally by consent of the learned counsels appearing for the parties.
2] The challenge in this petition is to the judgment and order dated 30.01.2016 passed by the School Tribunal at Nagpur, in Appeal STN No. 77 of 2011. The appellant was terminated from service by way of punishment after holding an enquiry in respect of 7 charges levelled against him including the charge of misappropriation of funds.
3] With the assistance of the learned counsels appearing for the parties, I have gone through the judgment and order passed by the School Tribunal. The only consideration is reflected in paragraph No. 16, which is reproduced below;
"16. Appellant has stated that, he was appointed as Assistant Teacher in the year 1982. He has not received any memo or adverse remarks during period of earlier management. Respondent No.1 has prepared false documents against him. Charges are baseless and bogus. He has not been given fair and proper opportunity of being heard. Inquiry Committee consisting two members have not considered his explanations given to the statement of ::: Uploaded on - 01/10/2016 ::: Downloaded on - 02/10/2016 00:55:20 ::: 3 wp3729.16.odt allegations, charge sheet, summary of proceedings, documents and material available on record and thereby their findings are perverse. In such circumstances, I do not find any substance in contention raised by Respondent Nos. 1 and 2 and their advocate.".
4] There is no finding recorded that inquiry was vitiated on account of violation of any mandatory provision or the procedure prescribed for holding an inquiry. It is not the finding recorded that Inquiry Committee was not properly constituted. It is not the finding that the principles of natural justice have been violated. There is no application of mind to the charges levelled and the findings recorded by the Inquiry Committee. The findings recorded are totally vague, without any consideration to the relevant aspect of the matter. The judgment and the order impugned cannot, therefore, be sustained and the same will have to be quashed and set aside with an order of remand.
5] In the result, writ petition is allowed. The judgment and order dated 30.01.2016 passed in Appeal STN No. 77 of 2011 by the School Tribunal at Nagpur, is hereby quashed and set aside. The parties to appear before the School Tribunal on 17.10.2016. The Tribunal to decide the ::: Uploaded on - 01/10/2016 ::: Downloaded on - 02/10/2016 00:55:20 ::: 4 wp3729.16.odt appeal within the period of six months from the date of first appearance of the parties before it in accordance with law.
Needless to say that the School Tribunal is expected to go through each and every charge levelled against the employee and record the finding as to whether the findings recorded by the Enquiry Committee are perverse or not, in the light of the challenges levelled in the memo of appeal.
Rule is made absolute in above terms. No orders as to costs.
JUDGE
Rvjalit
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C E R T I F I C A T E
"I certify that this Judgment/Order uploaded is a true and correct copy of original signed Judgment/Order.
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